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Ed Ross

Ed Ross

  • Called to BAR: 2010
  • Construction
  • Contract Law
  • Insolvency & Bankruptcy
  • Land
  • Money Claims & Debt
  • Professional Negligence
  • Property, Chancery & Trusts

Summary

Ed is a specialist Commercial and Property practitioner, with particular expertise in: Real Property, Professional Negligence, Bankruptcy and Insolvency, Construction, Contract, Energy and Utilities, Landlord and Tenant.

Specialist areas of law include

  • Construction
  • Contract Law
  • Insolvency & Bankruptcy
  • Land
  • Money Claims & Debt
  • Professional Negligence
  • Property, Chancery & Trusts

Profile description

He has a busy court practice, appearing in the High Court, County Court and various Tribunals on a near daily basis. He provides advice and drafts legal documents in all his practice areas and is also licensed to act for members of the public and SMEs directly in appropriate cases.

Outside of work Ed enjoys obstacle course racing and triathlon. He has been a Tough Mudder season pass holder, has completed numerous open waters swims including the Strait of Gibraltar and now concentrates on the Ironman 70.3 distance  He is President of the Oxford Young Professional Society and is passionate about music, playing double bass and piano.

Commercial

Ed acts in a range of general contractual matters regarding the sale of goods, supply of services, consumer credit and debt recovery. 

He regularly conducts claims involving issues such as agency, construction/interpretation of contracts, misrepresentation, conflict of laws and arbitration or mediation clauses. 

Ed also has experience of partnerships, limited liability partnerships and acts for petitioners and debtors in commercial and personal insolvency actions.

Ed has an extensive understanding of credit hire and subrogated claims on behalf of insurers, with an in depth knowledge of the relevant statutes and case law.

Recent cases of note:

  • A complex case in the TCC involving the “upseating” of coaches.
  • A case involving in depth analysis of the British Standards relevant to the manufacture of Insulated Glazing Units.
  • A successful ex parte injunction and subsequent substantive proceedings for breach of a non-disclosure agreement and misappropriation of confidential business information.
  •  A successful ex parte injunction and return hearing to restrain the presentation of a winding up petition for a haulage company.

Bankruptcy and Insolvency

Ed has advised and appeared in Court on behalf of businesses and individuals on a diverse range of matters including:

  • Setting aside statutory demands
  • Petition hearings
  • Annulments pursuant to s.282(1)(a) and s.282(1)(b)
  • Injunctions to restrain presentation of a petition
  • Injunctions to restrain advertising of a petition
  • s.216 applications
  • Actions by liquidators
  • Applications in respect of remuneration of trustees
  • Applications to extend automatic discharge of bankruptcy
  • IVA proposals and implementation

His practice includes advising, drafting documents and representation at hearings in the High Court and County Court.

Ed has had recent success in the High Court in the preparation and presentation of an ex parte injunction to restrain advertisement. On the return hearing he successfully argued for the petition to be dismissed and achieved costs recovery in excess of 95% of the costs claimed.

Professional Negligence

Ed predominantly acts in claims for and against professionals involved in property transactions or development (Solicitors, Architects, Surveyors etc.).

Ed has advised and acted in cases arising from:

  • Failure to advise as to the presence of a public right of way
  • Failure to advise on the presence of a cesspit
  • Solicitor’s negligence in conjunction with misrepresentations by a vendor
  • Failure to undertake an adequate survey
  • Failure to advise on the presence of defects in a property 
  • Failure to advise on necessary easements required for re-development of a £million+ residential property site
  • Failure to advise on the presence of various natural risks
  • Allegations of negligence in the completion of a Tomlin Order settling a boundary dispute
  • Riparian ownership and, following a flood, remedies available against the vendor, solicitor and surveyor involved with the purchase of the property

Ed also has experience of solicitors’ negligence in respect of personal injury claims including:

  • Failing to issue proceedings within the limitation period
  • Failing to advise, or advising inadequately, on quantum/settlement

Property

Ed has extensive Property Law experience:

  • Landlord and Tenant (residential and commercial)
  • Charging orders
  • Orders for sale
  • Vesting orders (including bona vacantia)
  • Possession (including defending possession on human rights grounds)
  • Forfeiture 
  • Service charge disputes (First Tier Tribunal and County Court)
  • 1954 Act matters
  • Dilapidations
  • Tenancy deposit disputes
  • Adverse possession
  • Restrictive covenants
  • Easements
  • Riparian rights
  • Boundary disputes
  • Trespass and nuisance

Recent cases include:

• Successful proceedings for relief from forfeiture with respect to the lease of roof space for the placement of solar panels. Ed also secured a costs order in the tenant’s favour.

• Advice on the enforceability of, and potential to remove, a restrictive covenant to enable a change of use from commercial to residential.

• Successful application to amend a suspended possession order to impose further terms.

Construction 

Ed is regularly instructed on residential construction disputes and is looking to expand his practice into commercial construction work. He is currently studying part time for the prestigious MSc in Construction Law and Dispute Resolution at King’s College London.

His previous cases include:

  • Disputed payments to architects under a development scheme and conditional sale agreement;
  • Alleged breach of contract/negligence with respect to:

            -  Ground/piling works

            -  Design and fabrication of the steel framework for a residential property

            -  Renovation and extension of a residential property

            -  Construction of a new build residential property 

  • Battle of the forms claims
  • Advising an architect with respect to work done under a letter of intent 
  • Mediation advocate for a company alleged to have been negligent in the design for tying in the front elevation of a £multi-million block of flats in London

Ed has also successfully mediated residential construction disputes.

Energy & Utilities

Ed acts on behalf of both providers and consumers in relation to energy and telecommunications contracts and has dealt with claims involving:

  • Deemed contracts
  • Erroneous transfers
  • Backbilling
  • Agency
  • Alleged mis-selling
  • Misrepresentation 
  • The Direct Debit Guarantee scheme
  • Data Protection Act breaches
  • The sale and installation of renewable energy technologies 
  • Proceedings under the Torts (Interference with Goods) Act 1977

Ed’s previously wide civil practice, encompassing insolvency, personal injury, property and commercial matters, means he is excellently placed to deal with energy and utility claims involving multiple legal aspects.

Academic Qualifications

  • BVC, Bristol Institute of Legal Practice – Very Competent
  • LL.B (Hons), The University of Manchester – 2:1
  • LL.M (Advanced Legal Practice), University of the West of England

Scholarships

  • The Churchill Scholarship, Gray's Inn
  • The Holt Award, Gray's Inn
  • The Manchester Leadership Award, The University of Manchester

Professional Qualifications & Appointments

  • ADRg Accredited Mediator

Professional Bodies

  • Professional Negligence Bar Association
  • Property Bar Association

Testimonials

Ruth Clark

“I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” “I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” Read more Read less

Natalie Ryan

“The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” “The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” Read more Read less

Saleem

“The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” “The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” Read more Read less

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